Judge Malcolm Simmons

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Judge Malcolm Simmons has been a judicial trainer for more than 15 years and he has lectured around the world. To Know everything about the experience and cases of Judge Malcolm Simmons visit our website at https://edward-montague.com/

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J U D G E M A L C O L M S I M M O N S:

J U D G E M A L C O L M S I M M O N S

Judge Malcolm Simmons Describes The Basic Principles of Evidence for Investigators:

What delegates said about Judge Malcolm Simmons “A thought-provoking presentation by a highly skilled lawyer and presenter” High Court Judge Judge Malcolm Simmons Describes The Basic Principles of Evidence for Investigators

Judge Malcolm Simmons explained that there are two basic principles of evidence that investigators should have in mind at the start of any investigation::

Judge Malcolm Simmons explained that there are two basic principles of evidence that investigators should have in mind at the start of any investigation: (1) Relevance and (2) Weight

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1. Relevance In principle, only relevant evidence should be admitted. Evidence will be relevant if it “tends to prove, or disprove, a fact in issue.” Judge Malcolm Simmons stated that in order to determine whether evidence is relevant – or potentially relevant - investigators must know: The elements of proof of the suspected offence(s) and The type of evidence – direct or circumstantial – that would be relevant to prove them.

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2. Weight When discussing the ‘weight’ of evidence w e are , i n effect , assessin g it s reliabilit y an d persuasive effect. In determining weight the court will normally have regard to:

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i. The source of the evidence (How does a witness know what he or she is testifying to?) What is the basis for a witness’s knowledge? Is the witness testifying to what he or she knows for a fact, or what the witness overheard , o r wha t th e witnes s suppose s o r think s migh t hav e happened? Judge Malcolm Simmons explained that evidence of which the witness has direct personal knowledge is considered to be weightier than information overheard from another or supposition.

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ii. Whether the evidence is direct or circumstantial Judge Malcolm Simmons explained that direct evidence is evidence that tends to prove a fact directly. Direct evidence is usually considered to be the strongest method of proof, but circumstantial evidence – evidence that tends to prove a fact indirectly, or by inference from other facts – also can be quite persuasive if presented correctly.

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iii. The credibility of the witness. Judg e Malcol m Simmon s explaine d th e factor s tha t affec t th e credibility of a witness include: The plausibility, or the lack thereof, of the witness’s statements when compared to other evidence in the case (i.e., the extent to which the witness’s statement is corroborated); The consistency or inconsistency of the witness’s current and prior statements;

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Whethe r th e witness’ s statement s promot e hi s o r he r self - interest, or are neutral or even contrary to it (the latter are termed “statements against interest’ and are considered to be more credible); Whether the witness has a “reputation for truthfulness” or the contrary, and whether the witness previously has been convicted of a criminal offence (these factors are often admissible in court to attack the credibility of a witness);

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Judge Malcolm Simmons has been a judicial trainer for more than 15 years and he has lectured around the world.

To take more details about Judge Malcolm Simmons You just Visit the website!:

To take more details about Judge Malcolm Simmons You just Visit the website! https://edward-montague.com

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